Catholic Charities Issue

[Alan Brownstein]

If the program works in the way that Rick describes, the next question I would ask is this. Is it the case that as a result of Catholic Charities position, some kids would stay in state custody for a longer period of time -- or may never get adopted -- because Catholic Charities will not consider gay parents as possible parents for these children. Or is it the case that there are several NGOs working in this area, and that one NGO, like Catholic Charities, could focus on finding homes for these kids among certain sections of the state's population, while other NGOs could focus their attention on other constituencies -- so that Catholic Charities' refusal to place children with gay couples would not restrict the opportunity of children to be adopted -- nor would it interfere with the opportunity of gay couples to adopt children.
 
I don't suggest that the answer to this question resolves the problem -- but it clarifies some of the interests that are at stake. In my judgement, facilitating the adoption of these children is a compelling state interest as is allowing parents the state deems qualified to adopt children the opportunity to do so. 
 
Notwithstanding that legal conclusion, a religious organization that disagrees with the state's policy judgments may conclude that the dictates of its faith preclude it from participating in such a program. In that circumstance, one should hardly be surprised that it refuses to continue to participate in the program. 
 
Alan Brownstein

________________________________

From: religionlaw-bounces at lists.ucla.edu on behalf of Rick Duncan
Sent: Sat 3/11/2006 3:31 PM
To: Law & Religion issues for Law Academics
Subject: Re: Catholic Charities Issue


Marty, I could be wrong about this because I am relying on my recollection of news reports, but I think the problem is that CC's entire adoption program concerns finding homes for hard-to-adopt children in state custody. The state pays CC a grant to find homes for children in state custody, subject to the non-discrimination requirement. Thus, the state controls the kids and the money. 
 
Please correct me if I'm wrong.
 
Rick
 
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